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(영문) 광주지방법원 2016.10.07 2016고단295

강제추행

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On December 2, 2015, at the main point of "D" located in the Dong-gu in Gwangju-si, Gwangju-si, the Defendant drinked with the victims to force indecent acts by force. On two occasions, the Defendant she saw the victims into the right side of the victim E (the age of 20) by inserting the hand on the left side, and met the left side buckbucks and humbbbbbbbbbbs on two consecutive occasions.

Accordingly, the defendant committed indecent acts by force against the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. Each reproduction and viewing result of CCTV against the victim [the defendant and his defense counsel did not commit an indecent act against the victims as stated in the judgment of the defendant, and even if the victim physically contacted the victims, he did not commit an indecent act. However, in full view of the following facts and circumstances acknowledged by the aforementioned evidence duly adopted and investigated by the court, the defendant can recognize the fact that he met the victims' body as stated in the crime without the consent of the victims. The above act of the defendant violates the victim's sexual freedom and can be evaluated as an indecent act from the perspective of the general public, and constitutes a crime of indecent act by compulsion. Accordingly, the above assertion by the defendant and the defense counsel cannot be accepted. (i) Unless there is any other reliable evidence to deem that the statements by the witness including the victim are consistent and consistent with the facts charged, it should not be rejected without permission, and there is no consistency in the witness's statements in the major part, if consistent with the above facts and circumstances.